As used in this article, the following terms are defined as set forth herein:
EXCESSIVE MUNICIPAL SERVICESAny qualifying Seaside Heights Police Department and Seaside Heights Fire Department calls for municipal services made to a property while that property is on probationary nuisance status.
EXCESSIVE USE FEEA fee of $300 for each additional qualifying call made to the subject property within the twelve-month period following the date a complaint is issued for excessive consumption of municipal services.
NUISANCE PROPERTYProperties on which activities occur that result in qualifying Seaside Heights Police Department, Seaside Heights Fire Department, and Seaside Heights Code Enforcement Division calls for municipal services during a rolling 180-day period in excess of the number of calls listed on the schedule in §
122-40 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
PROBATIONARY NUISANCE STATUSThe designation applied to properties which, as determined by the public officer, have received the requisite number of qualifying calls within a rolling 180-day period. Probationary nuisance status is effective for a twelve-month period beginning on the date of the public officer's determination. During probationary nuisance status, the property owner is liable to the Borough for user charges from each qualifying call.
QUALIFYING CALLSCalls resulting from Seaside Heights Police Department and Seaside Heights Code Enforcement Division responses to potential violations of state or local laws, regulations, or ordinances, including, but not limited to, those categories of laws cited in the following list, and others not so identified but specifically determined to be qualifying by the hearing officer. Not included as qualifying calls are service calls for permitting, licensing, inspections, or similar administrative functions and calls by or on behalf of a person protected under the Prevention of Domestic Violence Act of 1991, P.L. 1991, c. 261 (N.J.S.A. 2C:25-17, et seq.).
A. Unlawful sale, service, or consumption of alcoholic beverages.
B. Disorderly conduct or disturbing the peace.
E. Indecent exposure or lewd conduct.
F. Loud music constituting a nuisance or disturbing the peace.
G. Damage to property or injury to a person.
H. Improperly parking a vehicle, or any motor vehicle violation on private property.
I. Possession of a barking, howling, biting, or dangerous animal.
J. Unlawful sale, possession, storage, manufacture, cultivation, delivery, distribution, or use of a controlled substance and paraphernalia for its use.
K. Prostitution and prostitution-related activity.
L. Public urination, defecation, or indecent exposure.
N. Juvenile complaints and unlawful juvenile activity.
O. Unlawful use or possession of a firearm.
P. Borough property maintenance, zoning, construction, fire, health and trash/recycling codes.
Q. Calls resulting from Seaside Heights Fire Department responses to false alarms.